Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-11-23

some Answers BY Asterney
General Garland.
Upsn Rsssips q shs eplsasn ssers-
tary I.ansr Orders ths Emmsalass
Asia.snsss or IAss srans.

WA4A113aLlAs A0E. 1@--An tn1paE1AR4
0piniun by tia naiorueg general GO fhe
cuussfuezlo1 q Eseflons 3, { and 5 a
she set cf Maxnh 8. 1851. pesze6 70 pro-
vl6e fcz he adfls1ncuf e land Grants
fnade b eo1nr1sB % aid "a the onn-
giEnetiun Of railroads and for tke Ter
feihurs Of uneazned laHdB aud nther
purposes d mads pnhlie k1niaha. Fha
opinioo q given b reply te { Quasiioa
asked by The aecEssarY Of ths inGerioa.
he Qpinisn u snbzlencs Is as fellows.
1ha hFst eeetion Of the set named Al
reels he aatustmena of the Rsnnfs.
1ha 1seo1d section provides for TIE
restoration ok title to the Uniied States
where the innds hase been erroneonslg
ceEtfded ~ psfsnted 10 the railroads.
The third d1seefien iss sTaat in the ad-
jnatment cf said grants Il shall appeas
tn4k 1ne h0me1se44 On pscBEA pelan en-
tgy Of any bona ide setfler has been er.
fune0aely eaneelisd, On aceount oS any
EailEoad grant q withdrawal Of publio
lancs from market. each nsltleF uponi
the appiiaaiion shan be relnstaled ID al
bis rights and allowed % perfsct bis "a.
Try ~ complying With tbs pnblia land
laws, provided that he haa NOT loeatsd
another claim or made n entry Ia lieu
Of TIE one 20 ersoneonsly cancelled. ana
provided also that be did nos x0lnnkarilF
abandon said original entry, and pro-
yided furthsr, shat II any Of aaid settlers
do not .Fe1eW their applieatidns - be
F8instated within O reasonable time 70
Be dxsd By The secretary Of The interior,
than all anoh unclaimed lands shall Be
disposed Of under the public land laws,
ID which priority Of TiRhf Il given b the
hons de pnrchnseEs q said unclaimed
lands. II any. and II these b 40 snok
plrehAaex then 10 ahe bona nde se1alsss
residing thereon.
TIE question submitted under this
seetiDn Wa1 "whas class Of purchasers &
referred 30 b. tha expression boua fide
purchasers Of such unclaimed Iandsfp
The rights Of several glasses % The
lands referred 30 IN the sectian are sue.
aeGaiEa "a the nuoerslnteo tlleFein.
Eifst y the right of homas,ead Or
Brs-emPtgon Nhe selfleR whoae entry
has besE wFonGfully cancelled II he |
alects 70 assert bis right and has NOT
1ten disqualified By looatine anoiher
clalm. or making smother entry Ia leo
% thAt eKroneoasly cancelled, hia
hight is ebsslufe aud the Successive
llRhts Of the remaining two nlaasas can
net attash. II be lawfully asserts his
: IL as fails 70 claim the Innd or / dis
qualified under tie act. ~ second class /
II persona who are fhe bona flde pur-
,haeeFs Of the land unclaimed by bin. /
aftaeh and have pHsoedanoe over the
lhiFd class. Tbs bona hde purchases
here refeTrod 90 nxs those whu withoaf |
snowledgs of wrong or eEEor have our
lhased from 9 railroad company lands /
ghieh have been pFevieuaiy entered by |
/ presumption or homestead settler |
whose entry has been erroneonsly can
,elied and which land tie pre-sznption |
y homestead settler did not elect 10
,iaim afteF recovery By the prooeedlnes
prescribed By Ne second ssOti0n Of tbe
'et.
The second question vas: ''Oan the
department., after the adjustment Of Q
rant, issue patent 90 the purchaser Of
'aoh lard before sAid land has been re-
.onseyed By road OF title recovered BY
udicial procaedings?"
In reply 10 thia the attorney general
nys: Until the lands shall have been
eQaily deteFmined 10 belong to the
United Etatesy the right 10 issue pat
Infs under the fourth section does net
rise. II the patents should issue I'M
Ter the fourth section before rsconvey-
nee or judicial recovery under the SEQ
md, and proceedines should than be
instituted 70 cancel the patent issued 70
be raiircad. In the case Of q decision
diverse 10 che government, two patents
gonId be outstanding at the same time
or the same land.
Tha third question vas: "The ffth
cotton ofsaid act pEoVidea that whare
railroad company has sold lanas not
to or for the use Of such CON-
any, and where such lands are for any
easen excepted from the operation Of
be grant Of said eompany, Il shall be
awful for the bona hde purchaser
hereof fF3m The said company 10 make
layment 70 the United States for said
and, and theFeupan the patent shall
ssue thereon TO said bona hda puK-
Iheser." Tha question submitted I'M
|er this section fs whether the pfoviso
est Quosed 10 confirmed In iis applioa-
ion 60 the lands wikhin The primary
.ranked Iimits, OF whether Il applies 10
and within the indemnity limits Of
ghich the company had made selection
,ui which bad NOS been approved.
The attorney general says The
irsi sectio1 Of the aet IN the use OF the
noFd grant must have necessarily in
Sluded both primary and Indemnity
limits IN fhe adjustment, as it was
1enhilsss intended that NE adjustment |
IhonId be Q full and final one The pro-
Isnsion afforded and the redress grant
"a the settlers By each Of the sections Is
lnlIy as important in the indemnity 90
h sha primary limits IN order that the
remedy made will be adequate 20 re-
dress the wrong. The word grant II
The fifth section mnsi be oonstraed to
lnciude, as Il does In the preceedina /
sections, both primary and Indemnity !
Iimits."
Upon the receipt Of the opinion, Sec
retary Lamar directed the commission
sr Of the general land ONES 10 proceed |
st onoe and with as mach dispaseh as /
possible 90 adjust all land grants under
the act Of March Sd.